2023 (12) TMI 329

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....n law, the appellate order under section 250 read with section 251 of the Income-tax Act, 1961 ('the Act') passed by the ld. CIT(Appeals) under National Faceless Appeal Centre ("NFAC") (hereinafter referred to as "CIT(A)") is erroneous on facts and bad in law. Corporate Tax 2. Disallowance of rent expenses 2.1. That on the facts and circumstances of the case, the ld. CIT(A) has erred in holding that expenses relating to rent reimbursed to holding company aggregating to Rs. 15,98,400/- do not qualify for deduction under the Act. 2.2. That on the facts and circumstances of the case, the ld. AO has erred in not deliberating on the imposition of interest of Rs. 19,267/- u/s 234D although the issue was taken up in grounds of appeal. 3.....

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....I of the I.T. Act, 1961 was in Act w.e.f. 01.06.1994. Similarly, this position was also not disputed even after the amendment in section 40(a)(ia) of the Act by the Taxation Law (Amendment) Act, 2006 w.e.f. 01.04.2006. The ld. AR further contended that on this issue there is no material change in the facts and law during the year under consideration. As per the lease deed entered between subsidiary and holding company, which provided for use of the premises by the subsidiary companies and consequent to that actual payments made by the lessee (holding company) to the lessor and necessary tax was deducted there from. The ld. AR also submitted that the holding company has also not debited the whole of rent to its books of account which has onl....

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....as been accepted by the department all through and it has been never disputed even when provisions for TDS were inserted on statute since 1994, section 194-I of the Act was inserted in Act w.e.f. 01.06.1994. Similarly, this position was not disputed even after amendment in section 40(a)(ia) of the Act by the Taxation Law (Amendment) Act, 2006 which is w.e.f. 01.04.2006. On this issue, there is no material change in the facts and circumstances of the case as well as the law during the year under consideration. The ld. AR placed before us the copy of lease deed which provided for use of the premises by subsidiary companies. The actual payments are made by the lessee (holding company) to the lessor and necessary tax was deducted there from. Fu....